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HomeMy WebLinkAboutMINUTES-02/25/1971-Regular87 --- -------------- - �. -- ---Febr-uar--y_25,,=19: 1_ i MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, February 2S, 1971, at 1:30 o'clock P.M. Present: Councilmen Carson, Lopez, Fead and Kruchten. City Manager Coffey, Assistant City Attorney March, Jr., and Director of Public Works Liquin. Absent: Council- man 1'roxel.l. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the reading of the minutes of the last regular meeting be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: Node. The Mayor declared the motion adopted. The hearing on the application of Morris Magic dba Town Pump; 124 North College, for a Fermented Malt Beverage, which was tabled February 18, 1971, was again presented. Motion was made by Councilman Fead, seconded by Councilman Kruchten, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Morris Magic was present and was sworn in by the Recorder Having no witnesses he represented himself and presented Exhibit A, which was a- petition containing 17 signatures. He stated he would remodel as it was originally with the exception of the basement and the walk in cooler. He stated the Seven Seas was the nearest outlet and there were approximately 5 outlets within a block or block and one half and that a Fermented Malt Beverage License would be appreciated as it was more profitable than liquor and is the major needs of the ' neighborhood. Mayor Carson declared the hearing closed and that the application would be j taken under advisement. This being the preliminary hearing date on the application of the Sage Brush for a I Restaurant -Hotel type Liquor License, the Mayor stated this was only to set the boundaries and date of hearing. The following resolution was presented and read at length: RESOLUTION 71-18 OF THE COUNCIL OF '`HE C17Y OF FORT COLLINS ACTING ;S THE LOCAL LICENSING AUIi ORITY SITTING FGR'ii: FINDINGS ON A PRELIMINARY HEARTNG ON A LIQUOR LICENSE APPLICA7 0' • 1 WHEREAS, heretofore Sagebrush, Inc. made application to the City of For Collins .or a Hotel Restaurant Liquor license, and R'HEREAS, the City Council acting as the local licensing au ha rit has received 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. THEREFORE, BE. IT RESOLVED BY THE COIZCIL OF 11E CI;ti OF FORT COLLINS acting as the local licensing authority that the authority hereby makes the following preliminary findings and determinations concerning this application, Subject to the right of any party in interest to present ilownher evidence concerning any of such findings and determinations at .he hearing to be held on this application on the ,th day of i•iarch _ 1971: 1. That the subject premises are proper premises llhder the ordinan- ces of the City of Tort Collins and.the lairs of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. - February 2S„=1.97.1 u 2. That, the boundaries Of the neighborhood to be served by this applicant are as follows: Point of beginning, east City Limits and Drake Road, west on Drake Road to College Avu"ue, north on College Avenue to Mulberry Street, e st on :,Ulberry Street to City Limits, thencefoll.ow Cigy Limits.SHteriy,to point of beginning. 3. That the necessary notice of hearing by publication and by posting of the premises has been given as provided by law. 4. That the applicant is qualified under the ordinances of the City and the laws oz the State for the license applied for. S. That the application is in proper form and will be heard by the authority at the hearing previously scheduled. Passed and adopted this 25th day of February 1971. /s/ John Bartel City Clerk Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented on second reading: CRDINANCF. NO. 4, 1971 BEING AN ORDINANCE PERTAINING TO TREES IN THE CITY, THEIR CARE AND PROTECTION, ESTABLISHING THE POSITION OF CITY ARBORIST, PROVIDING FOR THE PA04ENT OF THE COST OF WORK REQUIRED TO BE DONE ON TREES, AND REPEALING SECTIONS 22-54 THROUGH 22-65 OF T-HE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 190, AS AMENDED. After discussion, motion was made by Councilman Kruchten, seconded by Councilman Fead, to amend Section 3, by deleting "elm Trees", and adding "and Chinese or Siberian Elm species". Roll was called resulting as follows. Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Motion gas made by Councilman Kruchten, seconded by Councilman Fead, that Ordinance No. 4, 1971, be adopted,.as amended. Roll Was called resulting as follows:. Ay es: Council- men Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The second reading of Ordinance No. 7, 1971, 'being an ordinance relating to the offense of loitering, tabled February 18th., was again presented. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Excused. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Fead, seconded by Councilman Kruchten, that Ordinance No. 7, 1971, he adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. 89 __ February_25,_1971 The Second reading of Ordinance No. 10, 1971, being the rezoning of 2.673 acres from RM $ RLM to RMP, by Alvin Duller, was presented. Mr. Miller requested that this be tabled for one week as he was unable to build the 64 units. Motion was made by Council- man Fead, seconded by Councilman Lopez, that Ordinance No. 10 be tabled for one week. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Mr. Miller also requested that the rezoning .805 acres from RLM to RM zone, being Ordinance No. 11, 1971, be tabled for one week. Motion was made by Coun cilman Fead, seconded by Councilman Lopez, to amend the original motion and table both items until next week. . Roll was called resulting as, follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The first reading of Ordinance No. 16, 1971, tabled from February l8th, was again presented. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this be removed from the table. Roll was called resulting as follows; Ayes: Councilmen Carson Lopez, Fead and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: ORDINANCE NO. 16, 1971 BEING AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO LOCAL PUBLIC IMPROVEMENTS, THE CREATING OF SPECIAL IMPROVEMENT DISTRICTS, AND THE ASSESSMENT OF THE COST OF LOCAL .PUBLIC IMPROVEMENTS AGAINST PROPERTY SPECIALLY BENEF'ITTED THEREBY The Assistant City Attorney stated this ordinance creates a new method of assessing a district. After discuss.on, motion was made by Councilman Lopez, seconded by Councilman Fead, that Ordinance No. 16, 1971, be considered favorably on first reading, and ordered published this 25th day of February, A.D. 1971, and to be presented for final passage on the l8th day of March, A. D. 1971.Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: _ Councilman Troxell, excused. Nayes: None. The, Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 71-19 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT IJITH GENERAL CODE PUBLISHERS CORP. WHEREAS, in the opinion of the City Council it is necessary and desirable to re - codify the ordinanc es of the City of Port Collins; and WHEREAS, General Code Publishers Corp. is a corporation engaged.in the codifica- tion and publication of municipal ordinances; and WHEREAS, an agreement has been negotiated between General CoJp Publishers Corp. and the City of Fort Collins providing for the recodi£ication by said corporation of the ordinances of the City of Fort Collins which agreement has been approved by the City Manager and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLIN'S that the terms and conditions of said agreement be and the same hereby are accepted and approved and be it.furrther resolved that the City Manager and City Clerk be and they hereby are author- ized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Cite Council held this 25th day of February, A.D. 1971. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Eebr_uary__25., 19Z1 The proposal for codification of the ordinances by the General Code Publishers Corporation was presented to be placed on file. It was suggested that the zoning books be updated and a new zoning map be inserted. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 71-20 WHEREAS, UNION PACIFIC RAILRQAD COMPANY HAStendered extending to and encludi.ng April 27, 1976, the term of contract dated August. 10, 1961, covering a 12-inch water pipe line encroachment between M.P. 25.36 and M.P. 25.81 at Fort Collins, Colorado; said agreement being identified in the records of the Railroad Company as C.D. No. 38606-4-B;.and WHEREAS, the Council of the City of Fort Collins has said proposolagreement before it has given it careful. review an d consideration; and WHEREAS, it is considered that the best interests of said City of Fort Collins, State of Colorado, will be subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCII. OF THE CITY OF FORT COLLINS, STATE; OF COLORADO: That the Mayor of Aid City is hereby authorized, empowered and directed to execute said agreement: on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest of said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF COLORADO) COUNTY OF LARIMER) ss. Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this resolution be approved. Roll was called resulting as followas: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor decla.ed the motion adopted. The following communication was presented and read at length: TO: Honorable Mayor and Conn cilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing 0jent SUBJECT: Concrete Vaults. Bids have been received and evaluated covering consideration for purchase of: Construction: 5 Concrete Vaults A summary of the bids are as follows: Low Bid $ 8,79S.00 Engineers Estimate 8,910.00 Difference $ 115.00 Mr. Robert Kest, Senior Electrical Engineer, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that F g F Concrete Construction (Division of Flatiron Materials). be awarded the contract in the amount of $8,79S.00 Respectfully submitted, /s/ E. M. Kuppinger Purchasing Agent Motion was made by Councilman Fead, seconded by Councilman Kruchten, that the recommendation of the Purchasing Agent be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and-Kruchten. Absent: Councilman Troxell, excused. 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 Coffeyy City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent - SUBJECT: North College Sanitation District. M Eebrua_ry 25., 1_97.1 Bids have been received and evaluated covering consideration for furnishing all labor, equipment and materials for Sanitary Sewer Outfall line - North College Sanitation District. This contract consist of furnishing and installing about 2,000 of 27" Clay Pipe, 2,800' of 24" Clay Pipe and 3,100' of. 21" Clay Pipe, together with manholes and all other necessary appe-rtenances. A summary of tins bids are as follows: (See Bid Tally Sheet Attached) Lowy Bid $ 167,177.00 Engineer's Estimate 172,500.00 Difference $ 5,323.00 Mr. Roy Bingman, City Engineer, has evaluated the bidstand all specifications have been met by the low bidder. The recommendation is that Tiago Construction Company be awarded the contract in the amount of $167,177.00. Respectfully submitted, F.. M. Kuppinger Purchasing Agent The Director of Public Works stated these people are highly recommended and ready to start any time. Motion was made by Councilman Lopez, seconded by Fead, that the recommenda- tion of the Purchasing Agent be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused._ Nayes: None. The Mayor declared the motion adopted. The plat of the Thunderbird Ninth Subdivision, was presented. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this plat be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The plat of the Foothills Second Annexation was discussed. The City Attorney stated that this area is partially in the County and partial]), in the City. Councilman Kruchten stated this decision hat; been held up because of the Expressway that we have not acted against the Planning and Zoning Board, therefore recommend this be referred to the City Attorney to prepare the necessary ordinance. The following ordinance was presented on first reading and read at length: ORDINANCE_. N0. 18, 1971 BEING AN ORDINANCE ANNTEXIN'G CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was amade by Councilman Kruchten, seconded by Councilman Lopez, that Ordinance No. 18, 1971, be considered favorably on first reading, and ordered published this 25th day of February, 1971, and to be presented for final passage on the 18th day of March, A. D. 1971, Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. Mr. Guy Palmes vas present and talked at length regarding water and the exchange of same. Mr.. Melvin Johnson was present and presented.a.unit development plan to be known as the Strachen Farms Development. Don Reynolds, the Planning Director, pointed out the proposed plans, and it was stated that patio houses are planned, which will be the first of this type in Fort Collins. after discussion, motion was made by Councilman Lopez, seconded by Councilman Kruchten, that this plat be. approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Fead and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the motion adopted. The City Alanag stated they were receiving a lot of pressure from the school mothers to blacktop Welch Street and requested this be referred to the Planning and Zoning Board. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, to approve this rr-,commendeti.on and that it be put on an early agenda. Roll tras called resulting as 'follows: 9v _=February 25„_1.97-1 --- Ayes: Councilmen Carson, Lopez, Feud and Kruchten. Absent: Councilman Troxell, excused. Nayes: None. The Mayor declared the moti.on adopted. Councilman Lopez stated there were many complaints as to the dog ordinance not being enforced and asked that this be referred to the City Manager for a report. Motion was made by Councilman Pead, seconded by Councilman Kruchten, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Lopez, Pead and Krucliten. Absent: Councilman Troxell, excused. yes: None. The Mayor declared the motion adopted'and the Counci.l adjourned. Mayor ATTEST City Clerk.---